Construction, Forestry, Mining and Energy Union Summary

[2013] FWCA 1742

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2013/5668)

LITHGOW FAMILY TRUST T/AS MACK INTERIORS (VIC) PTY LTD AND THE CFMEU PLASTERING INDUSTRY ENTERPRISE AGREEMENT 2011-2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 MARCH 2013

Application for approval of the Lithgow Family Trust T/As Mack Interiors (Vic) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lithgow Family Trust T/As Mack Interiors (Vic) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union (CFMEU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CFMEU being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 March 2013. The nominal expiry date of the Agreement is 31 March 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Lithgow Family Trust trading as Mack Interiors (Vic) Pty Ltd and the Construction, Forestry, Mining and Energy Union (CFMEU) for the Plastering Industry Enterprise Agreement 2011-2015. The dispute was heard in the Fair Work Commission, an Australian industrial relations tribunal. The application was brought under the Fair Work Act 2009, which seeks to balance the rights and obligations of employers and employees, and to promote harmonious, productive and cooperative workplace relations.

The central legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act, specifically sections 230 and 231, which require that the agreement promotes simplification and clarity of enterprise agreements and does not undermine the operation of the safety net of minimum entitlements. The court was also required to consider if the agreement was made in good faith and without coercion, and if it complied with the provisions concerning the registration of enterprise agreements.

The Fair Work Commission examined the agreement clause by clause, considering its compliance with the statutory requirements. The court found that the agreement met the necessary standards, as it provided for reasonable terms and conditions of employment, was made in good faith, and did not undermine the safety net of minimum entitlements. The court also determined that the agreement was sufficiently clear and concise, and promoted simplification of enterprise agreements. Therefore, the court approved the application and registered the enterprise agreement.

In summary, the Fair Work Commission approved the application for the registration of the Lithgow Family Trust trading as Mack Interiors (Vic) Pty Ltd and the CFMEU Plastering Industry Enterprise Agreement 2011-2015. The court found that the agreement complied with the relevant statutory requirements, was made in good faith, and did not undermine the safety net of minimum entitlements. The agreement was registered, and the parties are now bound by its terms.

Construction, Forestry, Mining and Energy Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established